Introduction
These Terms of Service ("Terms") are an agreement between you and Sanjeev Kumar Badrinath, trading as Eucaly Learn (ABN 95 232 698 072) — "Eucaly", "we" or "us" in the rest of these Terms — and govern your use of the Eucaly website and mobile applications ("Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.
Who can use Eucaly
Eucaly is designed for use by Australian families, with a parent-managed account. The parent must be 18 years or older and able to enter into a contract under Australian law. Children use the app under their parent's supervision and through child profiles set up by the parent. We rely on parental consent before collecting any personal information from children under 13 (see our Privacy Policy for details).
Your account
You can sign in with Apple or Google. You are responsible for keeping your sign-in credentials secure and for all activity that happens under your account. The parent PIN protects access to settings and progress data inside the app and should not be shared with children.
You can delete your account and all associated data at any time. See Delete Account for instructions.
Subscriptions and trials
Eucaly offers a free tier (one child profile) and three paid tiers (Base, Plus 1, Plus 2) that unlock additional child profiles and premium features including the AI Writing Assessment, unlimited practice tests, and NAPLAN readiness scores. The Base plan unlocks 2 child profiles; Plus 1 unlocks 3; Plus 2 unlocks 4. By subscribing through the App Store or Google Play, you agree:
- Every paid plan includes a 7-day free trial for new subscribers. After the trial, your subscription auto-renews monthly or yearly at the price shown at sign-up unless you cancel before the trial ends.
- Subscriptions are billed by Apple or Google. We do not store your payment details.
- You can cancel anytime through your device's Subscription settings (iOS: Settings → Apple ID → Subscriptions; Android: Play Store → Subscriptions). Cancelling stops the next renewal; access continues until the current period ends.
- Pricing may change for future billing cycles. Existing subscribers receive notice before any change applies to them.
- Refunds are handled by Apple or Google under their respective policies. We are not able to issue refunds directly for purchases made through their stores.
Free-tier users can take up to 3 full practice tests per rolling 7-day window after their trial ends. Additional features such as NAPLAN readiness scores and the AI Writing Assessment are available on paid plans only. There is no time limit on free-tier use; the cap resets each rolling 7-day period.
No-refund policy and switching devices
Each Apple App Store and Google Play subscription is an independent contract between you and that store. Eucaly does not collect payment directly and therefore cannot issue refunds, prorations, or credits for any amount billed through either store. This applies to:
- Charges incurred during the 7-day free trial if you forget to cancel before it ends.
- Unused portions of a subscription period after cancellation. Your access continues until the period ends, but no proration is paid back.
- Subscriptions started on one platform (e.g. Apple) while you are using Eucaly on another (e.g. Android). If you wish to switch to the other platform, you must cancel the original subscription through that platform's account settings. We recommend you wait until the current period ends before starting a new subscription on the other platform — otherwise you may be billed by both Apple and Google simultaneously. Eucaly cannot mediate or refund overlapping charges of this kind; you would need to seek a refund directly from the respective platform under their refund policy.
- Accidental purchases, duplicate purchases, or family-shared purchases. Apple and Google handle these at their discretion via their respective support channels.
To request a refund from Apple, visit reportaproblem.apple.com. To request a refund from Google, visit Google Play support. Each store evaluates refund requests on a case-by-case basis under its own policy; Eucaly has no influence over the outcome.
AI Writing Assessment
Premium plans include an AI Writing Assessment feature that provides instant formative feedback on a child's written response. The feedback is generated by an AI model (currently Google Gemini) and is intended for practice and learning support only. By using this feature, you acknowledge:
- AI-generated feedback is a guide, not a substitute for a qualified teacher's assessment.
- AI responses can occasionally be inaccurate or incomplete. Use them as a starting point for discussion.
- Writing samples submitted for assessment are sent to our AI provider for processing. The AI provider does not retain your child's submission beyond the time needed to generate the feedback, and submissions are not used to train third-party models. Eucaly itself does store submissions so you can re-read them in the parent portal — by default until you delete the child's profile, with shorter purge options available in Parent settings → Privacy (see the retention section of our Privacy Policy).
- NAPLAN scores produced by the assessment are estimates intended to help you understand your child's progress; they do not predict actual NAPLAN test results.
Content and intellectual property
The questions, designs, code, illustrations, and other content in the Eucaly app and website are the property of Eucaly or its licensors and are protected by copyright and trademark law. You may not copy, redistribute, sublicense, or create derivative works from our content without our written consent.
You retain ownership of your child's writing submissions and practice answers. By using the Services, you grant us a limited licence to process this content solely to operate the app (delivering practice, generating feedback, syncing progress).
Acceptable use
You agree not to:
- Violate any applicable law or regulation
- Misuse the AI Writing Assessment to circumvent platform policies
- Attempt to access another user's account
- Reverse-engineer or decompile the app
- Use automated systems to scrape questions or content
- Resell or redistribute access to the Services
- Submit harmful, misleading, or abusive content for AI assessment
- Interfere with or disrupt the Services or our infrastructure
Service changes and availability
We may add, change, or remove features over time as the app evolves. We aim to maintain reasonable availability of the Services but do not guarantee uninterrupted access; planned and unplanned downtime may occur. We may suspend or terminate accounts that breach these Terms.
Beyond the availability described above, we are not liable for delay or failure to provide the Services caused by events outside our reasonable control — for example outages at the app stores or our hosting, email or AI providers, natural disasters, or government action.
Disclaimer of warranties
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by Australian Consumer Law, we disclaim all implied warranties not expressly stated in these Terms. Where Australian Consumer Law guarantees apply and cannot be excluded, our liability is limited to the resupply of the Services or the cost of doing so.
Limitation of liability
To the maximum extent permitted by law, Eucaly is not liable for any indirect, incidental, special, or consequential damages arising out of your use of the Services, including reliance on AI-generated feedback or band estimates. Our total liability for any claim is limited to the amount you have paid for the Services through the applicable app store in the twelve months preceding the claim.
Australian Consumer Law
Nothing in these Terms — including the "Disclaimer of warranties" and "Limitation of liability" sections above — excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Those sections apply only to the extent the law permits.
Severability
If any provision of these Terms is found to be unenforceable, that provision is severed and the remaining provisions continue in full force.
Complaints and disputes
If something has gone wrong, please email help@eucaly.au first and give us a reasonable period — we aim for 30 days — to resolve the issue with you directly. Most problems are fixable quickly. This does not limit your right to go to a court, the Office of the Australian Information Commissioner, or a consumer-protection regulator at any time.
Governing law
These Terms are governed by the laws of Victoria, Australia. Any dispute will be heard by the courts of Victoria, Australia, except where Australian Consumer Law allows otherwise. Eucaly is based in Melbourne.
NAPLAN trademark
NAPLAN is a registered trademark of the Australian Curriculum, Assessment and Reporting Authority (ACARA). Eucaly is an independent practice tool and is not affiliated with, endorsed by, or sponsored by ACARA.
Assignment and successor entities
We may transfer or novate this agreement to a successor entity — for example if the business incorporates as a company, restructures, or is sold — provided the successor agrees to take on these Terms. We will notify you of any transfer in the app or by email, and these Terms will continue to apply between you and the successor from that point.
Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top of the page reflects the most recent change. If a change materially affects your rights, we'll notify you in the app or by email before it takes effect.
Contact us
Questions about these Terms? Email help@eucaly.au.